MCCANNS V LEICESTERSHIRE POLICE

UPDATED, 22/4/10, As a lot of people clearly believe the spin that Mitchell put out in the Daily Telegraph report below dated 21 June 2008, that the McCanns made Madeleine a Ward of Court themselves in 2007, I thought I would include the Order that Mrs Justice Hogg wanted making public that actually confirms it was she who made Madeleine a Ward a few months before Clarence spun this lie on 2 April 2008. The McCanns repeatedly misrepresent matters in this way in the press and it is right that the truth should be pointed out, of course they also lost their application to force the police to disclose their file of papers also having to back down and just accept back what they handed to the police in the first place, some 81 pieces of information handed to the police by their solicitors who had not kept copies. The McCanns apparently wanted to get their Spanish detectives to re-investigate what the proper police had already investigated. Yes, this bunch who told us they would have Maddie home for Christmas and were charging £50,000 per month apparently.

I am afraid it also confirms that the repeated claims of Goncalo Amaral that Madeleine is dead, she died in the apartment, were clearly also a matter of spin, presumably to sell his best selling book on the subject. Cashing in on a missing little girl is just horrendous behaviour, no matter which side of the fence it comes from.

IN THE MATTER OF MADELEINE BETH MCCANN

Judgment of Mrs Justice Hogg at the High Court, Family Division, RCJ, London,
7th July 2008, in open court

Madeleine went missing on 3 May 2007 just a few days before her 4th birthday, while she was holidaying with her family in the Algarve in Portugal.

On 17 May 2007 Madeleine’s parents invoked the jurisdiction of this Court under the Inherent Jurisdiction of the Court, and The Child Abduction and Custody Act, and the Hague Convention. They sought various orders and directions aimed at ascertaining the whereabouts and recovery of Madeleine. I became involved with the proceedings shortly afterwards.

On 2 April 2008 Madeleine became a Ward of this Court, and since that date has remained a Ward.

At all times jurisdiction was assumed by the Court because, there being no evidence to the contrary, it is presumed Madeleine is alive.

She is a British Citizen, and like her parents habitually resident here.

The current application was made on 2 April 2008 by the parents seeking disclosure of information and documents from the Chief Constable of Leicestershire to assist them and their own investigations in their search for Madeleine. Such are the complexities of the issues involved other interested parties were invited and joined to the application, and directions given for the hearing today.

The parties have reached an accommodation whereby the Chief Constable will provide to Madeleine’s parents contact details of members of the public who had themselves contacted the parents or their solicitors, and which on receipt were immediately passed to the Chief Constable, together with a brief resume of the information given.

The parents do not wish to pursue other aspects of the application, and save for the draft consent order being approved by this Court wish to withdraw their application and seek leave to do so.

I have no criticism of the parents in making this application. They have behaved responsibly and reasonably throughout.

I have considered the documents provided to this Court by the various parties, and have concluded that the agreement reached by the parties is entirely appropriate, and that the parents should be permitted to withdraw the balance of their application.

I will make the Order by Consent as sought. In particular paragraph 1 of the Order made on the 22 May 2007 shall be varied with the words:

“The terms of this paragraph shall not apply to the Chief Constable of Leicestershire or any other United Kingdom law enforcement agency. And for the avoidance of doubt all the evidence submitted to the Court and the Case Summaries and Skeleton Arguments remain confidential to the Court save that the Chief Constable may use his discretion to disclose his evidence, case summary and skeleton arguments filed in this Court and the Orders of 22 May 2007, 2 April 2008 and this Order. Any other documents and their contents are not to be disclosed to any person or published save in accordance with Orders already made by the Court or further Order of the Court”.

It may be noted that neither of the Parents is present today. I let it be known last week that providing their legal team was fully instructed neither parent need be present, and I would not criticise or bear any ill-feeling towards them if they chose to stay away. It was my decision as they have suffered enough, and I wished to ease their burden.

I know the police authorities and other official law enforcement agencies in this country, in Portugal and elsewhere have striven and will continue to strive to trace Madeleine.

I urge anyone who has any information however small or tenuous to come forward now so that further enquiries can be made.

There is, of course, as least one person who knows what has happened to Madeleine, and where she may be found.

I ponder about that person: whether that person has a heart and can understand what it must be like for Madeleine to have been torn and secreted from her parents and siblings whom she loves and felt secure with, and whom no doubt misses and grieves for. Whether that person has a conscience or any feeling of guilt, remorse or even cares about the hurt which has been caused to an innocent little girl: whether that person has a faith and belief, and what explanation or justification that person will give to God.

I entreat that person whoever and wherever you may be to show mercy and compassion, and come forward now to tell us where Madeleine is to be found.

I hope and pray that Madeleine will be found very soon alive and well.

I confirm the Wardship and Madeleine will remain a Ward of Court until further Order of the Court. The case will be reserved to myself subject to my availability.

http://madeleinemccann.org/main/2008/1761/in-the-matter-of-madeleine-beth-mccann/








IN THE MATTER OF MADELEINE BETH MCCANN

Judgment of Mrs Justice Hogg at the High Court, Family Division, RCJ, London,
7th July 2008, in open court

Madeleine went missing on 3 May 2007 just a few days before her 4th birthday, while she was holidaying with her family in the Algarve in Portugal.

On 17 May 2007 Madeleine’s parents invoked the jurisdiction of this Court under the Inherent Jurisdiction of the Court, and The Child Abduction and Custody Act, and the Hague Convention. They sought various orders and directions aimed at ascertaining the whereabouts and recovery of Madeleine. I became involved with the proceedings shortly afterwards.

On 2 April 2008 Madeleine became a Ward of this Court, and since that date has remained a Ward.

At all times jurisdiction was assumed by the Court because, there being no evidence to the contrary, it is presumed Madeleine is alive.

She is a British Citizen, and like her parents habitually resident here.

The current application was made on 2 April 2008 by the parents seeking disclosure of information and documents from the Chief Constable of Leicestershire to assist them and their own investigations in their search for Madeleine. Such are the complexities of the issues involved other interested parties were invited and joined to the application, and directions given for the hearing today.

The parties have reached an accommodation whereby the Chief Constable will provide to Madeleine’s parents contact details of members of the public who had themselves contacted the parents or their solicitors, and which on receipt were immediately passed to the Chief Constable, together with a brief resume of the information given.

The parents do not wish to pursue other aspects of the application, and save for the draft consent order being approved by this Court wish to withdraw their application and seek leave to do so.

I have no criticism of the parents in making this application. They have behaved responsibly and reasonably throughout.

I have considered the documents provided to this Court by the various parties, and have concluded that the agreement reached by the parties is entirely appropriate, and that the parents should be permitted to withdraw the balance of their application.

I will make the Order by Consent as sought. In particular paragraph 1 of the Order made on the 22 May 2007 shall be varied with the words:

“The terms of this paragraph shall not apply to the Chief Constable of Leicestershire or any other United Kingdom law enforcement agency. And for the avoidance of doubt all the evidence submitted to the Court and the Case Summaries and Skeleton Arguments remain confidential to the Court save that the Chief Constable may use his discretion to disclose his evidence, case summary and skeleton arguments filed in this Court and the Orders of 22 May 2007, 2 April 2008 and this Order. Any other documents and their contents are not to be disclosed to any person or published save in accordance with Orders already made by the Court or further Order of the Court”.

It may be noted that neither of the Parents is present today. I let it be known last week that providing their legal team was fully instructed neither parent need be present, and I would not criticise or bear any ill-feeling towards them if they chose to stay away. It was my decision as they have suffered enough, and I wished to ease their burden.

I know the police authorities and other official law enforcement agencies in this country, in Portugal and elsewhere have striven and will continue to strive to trace Madeleine.

I urge anyone who has any information however small or tenuous to come forward now so that further enquiries can be made.

There is, of course, as least one person who knows what has happened to Madeleine, and where she may be found.

I ponder about that person: whether that person has a heart and can understand what it must be like for Madeleine to have been torn and secreted from her parents and siblings whom she loves and felt secure with, and whom no doubt misses and grieves for. Whether that person has a conscience or any feeling of guilt, remorse or even cares about the hurt which has been caused to an innocent little girl: whether that person has a faith and belief, and what explanation or justification that person will give to God.

I entreat that person whoever and wherever you may be to show mercy and compassion, and come forward now to tell us where Madeleine is to be found.

I hope and pray that Madeleine will be found very soon alive and well.

I confirm the Wardship and Madeleine will remain a Ward of Court until further Order of the Court. The case will be reserved to myself subject to my availability.

http://madeleinemccann.org/main/2008/1761/in-the-matter-of-madeleine-beth-mccann/




Hi All,

As you know, it has been mysteriously leaked that on 7 July, Kate and Gerry will enter into a legal battle with Leicestershire Police demanding disclosure of police files in relation to "sightings" of Madeleine. It is claimed that the legal advice they received early on was that they should make Madeleine a Ward of the British Court. It is certainly true they were receiving assistance from family lawyers at a very early stage and I have to say it baffled me as to why they would be doing this. Gerry commented at an early stage that it was not their plan to use private investigators but the fund had enabled them to get a lot of lawyers in place, presumably including these family lawyers. It seems to me that when faced with the situation that all three children had been neglected by Kate and Gerry and one had gone missing in Portugal, Leicestershire Social Services may have decided to make the children Wards of Court. Wardship proceedings are rarely used, the procedure that is normally used is for the Local Authority to carry out an investigation under the Children Act and then either place the children on the at risk register or, in more serious cases to apply to the Court for an Emergency Protection Order followed by formal Care Proceedings. However, wardship would be appropriate where the children are out of the jurisdiction, as in this case. This gives the Court the power to make orders as to the care and wellbeing of the children on the basis the court is satisfied they are at risk of serious physical or emotional harm, or both. As we know, Kate and Gerry sought to suggest, via John McCann that the visit from Leicestershire Social Services on their return was "at their behest". Of course, this would not be true, the SSD would be under a statutory duty to investigate matters further as soon as they returned to UK. We also know from Philomena that Kate was "terrified of the twins being taken from her".

This court hearing is just one week prior to the date when Portuguese are due to make their police file available to Kate and Gerry McCann. We know that evidence has been passed on to Leicestershire Police. I wonder if the Portuguese Police are therefore only going to make limited disclosure, perhaps in relation to certain offences where the investigation is now completed. I have always thought that the McCanns offending behaviour extended far beyond 3 May 2007. It has continued with fraudulently encouraging the public to keep giving them money to search for Madeleine. Clearly all the false sightings would achieve the stated aim of Kate and Gerry McCann is seeking to remind the public Madeleine is still missing, Gerry confessed in June 2007 he was extremely worried the media would just forget about this case. Clearly there is no way he was going to allow that to happen. The Portuguese Police, as we know, have been investigating, kidnapping, homicide, abandonment and disposal of corpse, but there are more offences than that.. false sightings and very serious fraud. I believe the McCanns are desperate to know what Leicestershire Police have against them in relation to these matters. I also believe that the McCanns will be prosecuted in the UK in relation to all matters. The police are always loathe to allow suspects to have details of the evidence against them because they can then start manufacturing further false evidence as a defence. I have no doubt that is why Leicester Police will be strenuously opposing the application the McCanns are making. From the article below it would seem the McCanns seriously expect a High Court Judge to order that police hand over part of their files to "Metodo 3". I have a feeling the police will have something to say about this firm. I am sure the police will also point out it is not up to prime suspects to dictate to the police that their investigation is compromised and damaged by handing over evidence against directly to the prime suspects. The McCanns just continue to act like a couple of desperate criminals, but still, the likes of which I have never seen before, truly, leaving so stone unturned.

I have also included an article that was referred on last thread by other posters which is very helpful, where Philomena actually refers to the fact the family will prevent the children becoming wards of court! Whenever children are at risk with their immediate family, SSD generally will try and place the children with other relatives wherever possible, but Philomena seems to confirm in this article the wardship threat was coming from the SSD, certainly not that it emanated from Kate and Gerry themselves.



Madeleine McCann: parents' court bid for information
By Gordon Rayner, Chief Reporter
Last Updated: 3:08AM BST 21/06/2008
Kate and Gerry McCann are to ask a High Court judge to order the release of police documents which they hope will kick-start the search for their missing daughter Madeleine, The Daily Telegraph can disclose.
Kate and Gerry McCann are determined to everything necessary to search for their daughter
The McCanns hope their application to Mrs Justice Hogg will result in Leicestershire Police opening their files on scores of reported sightings of Madeleine, most of which have been passed on to them by police in Portugal, where the four-year-old disappeared in May last year.
Until now police in Leicestershire, the McCanns' home county, have refused the couple's requests for information about sightings, saying they are bound by the terms of an agreement with Portuguese police.
But Mr and Mrs McCann, who retain the services of a Spanish-based detective agency, are anxious to make sure that every possible lead has been checked out, which they believe the Portuguese police, whose investigation is gradually being wound down, may not be able to do.
The Telegraph can also disclose that Madeleine was made a ward of court last summer at the request of the McCanns, to empower judges to act in her best interests in any legal dispute such as the case which is about to be heard.
Clarence Mitchell, the McCanns’ spokesman, said: “I can state that on the instigation of Gerry and Kate McCann Madeleine is a ward of the High Court of England and Wales.
“An application has been made on Madeleine’s behalf by her parents for disclosure of certain documents. The hearing is currently scheduled for July 7 in the High Court in London.
“It has been the stated intention of Gerry and Kate McCann to leave no stone unturned in doing everything necessary to search for their daughter, as would any parent.
“This application is just part of their search for Madeleine.”
Madeleine’s status as a ward of court has never been disclosed by her parents, who quietly made a wardship application in the High Court just weeks after she went missing.
The couple’s legal team had advised them to ask for Madeleine to be made a ward of court because wardship status gives the courts certain statutory powers to act on her behalf in legal disputes such as the one which has arisen with Leicestershire police.
They still believe their daughter is alive and hope the police files may contain information which could yet lead to a breakthrough.
The case is listed to be heard in open court on July 7 in the Family Division of the High Court in London, and is expected to be contested by Leicestershire Police, according to legal sources.
Clarence Mitchell, the McCanns' spokesman, said: "Kate and Gerry have always said that they will do whatever is necessary to find Madeleine and that they will leave no stone unturned in their search for their daughter.
"They will take whatever legal steps are necessary if there is information out there that can assist their private investigation into finding Madeleine. Beyond that I cannot make any comment."
Mr Mitchell said the hearing would not involve any attempt by the McCanns to clear their names by proving they were not involved in their daughter's disappearance from a holiday apartment in Praia da Luz. They remain official suspects, or arguidos, in Portugal.
In recent months the couple have become increasingly frustrated at the slow progress of the Portuguese investigation, and they suspect that many possible sightings of Madeleine have not been followed up at all.
If they are given access to the police files on reported sightings, each one will be looked into by private investigators retained by the couple.
For the past year the McCanns have employed Metodo 3, a Barcelona-based detective agency, to carry out an investigation in parallel with the Portuguese police inquiry.
The agency has checked out sightings as far afield as North Africa and South America – all of which have proved to be false – using either its own staff or affiliated firms, which it says it can do far more quickly than the police.
In one instance earlier this year, the agency ruled out a sighting of Madeleine in Chile within three hours of receiving a tip-off, by employing local investigators to track down the girl concerned. The agency argues that police would have taken days to achieve a similar result because they would have been hampered by bureaucracy and official procedure.
Earlier this week Portugal's Attorney General suggested that police files may be opened up at the end of July, but the McCanns fear his comments may prove to be another false dawn.
Their case is being heard in the Family Division because it involves the welfare of a child. Mrs Justice Hogg, a specialist in child welfare cases, is the sister of former cabinet minister Douglas Hogg and the daughter of former Lord Chancellor Lord Hailsham.


Madeleine: Now British police ask if twins are 'at risk'By SAM GREENHILL, DAN NEWLING and NEIL SEARSLast updated at 08:11 11 September 2007
Comments (128)
The McCanns are under investigation from British police and social services to assess whether their twin son and daughter are at risk.
Given the gravity of the allegations facing the McCanns, social services have no choice but to examine any possible risk to young children who have endured four months in the glare of the media spotlight.
The couple awoke yesterday after their first night back in the village of Rothley since they flew home on Sunday without Madeleine.
When they realised, last Thursday, that Mrs McCann was to be made an official suspect in the disappearance of her daughter, they vowed to remain in Portugal to clear her name. However, during 13 hours of interrogation, Portuguese detectives threatened her with the terrible ultimatum of confessing - or losing her twins.
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Gerry McCann opens the door to a policeman yesterday
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Officers said they would charge both her and her husband in connection with the case, and claimed that bail would be denied while they awaited trial.
This would have resulted in the twins perhaps being taken into care by Portuguese social services for at least a year.
Hurriedly, the McCanns arranged to return to Britain - only to find that Leicestershire police were discussing them social workers.
John Coughlan, Joint President of the Association of Directors of Children's Services, explained: "In cases such as this, social workers working for the host authority need to make a sober assessment of the facts in the case.
"At the meeting they would try to establish what they know and what they don't - and would use that to try and determine whether there is any real risk to the children.
"If they decide that there is a risk, they would then consider what they are going to do about it, step by step."
He added: "In most cases, social service workers do not come crashing down the drive and snatch the children. They are much more likely to take a more measured approach."
Technically, if social workers conclude that there is a real risk to the twins, they could move to take the two children away from their 39-year-old parents.
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The family flew back from Portugal on Sunday
In this case, the Leicestershire social workers are unlikely to have a great deal of reliable information about the McCanns' behaviour.
As the Portuguese police force would not hand over information that may be used in a criminal prosecution, the British social workers may therefore decide to carry out an initial interview with the McCanns before taking further action.
Nevertheless, Mr McCann's sister Philomena revealed that the family are preparing for the worst.
She said: "Madeleine's godmother is down at Rothley right now and she is prepared to step into the breach if Gerry and Kate are asked to return to Portugal.
"The family are more than willing to look after the children and they will not become wards of the state here or anywhere else."
Yesterday the McCanns were visited at their large modern home by a police "crime reduction officer" who explained that he gives information about "personal safety".
The visit raised fears that the couple could be targeted by members of the public who believe they are responsible for Madeleine's death.
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The twins' sister, Madeleine, went missing on May 3
Back in Portugal, a police source said phone calls to and from the couple form "a major strand" of the inquiry.
For more than a month, the couple have been under round-the-clock surveillance, with their calls recorded and their e-mails intercepted by the Portuguese police.
Now it is alleged that something said on the phone has added to detectives' conviction that Madeleine died the night she went missing.
The Mail has discovered new details about the conclusions drawn by the British scientists.
Portuguese police believe the crucial forensics supports their case that some terrible harm came to Madeleine in the apartment.
A source in the UK said last night the results of toxicology tests were "significant", indicating that police are focusing on some sort of medication or poison in the apartment.
The McCanns have repeatedly denied accidentally overdosing their daughter on sedatives to help her sleep while they went out to dinner.